Astika, Helryon (2023) Analisis Yuridis Konsep Restorative Justice yang Dikaitkan dengan Undang-undang Nomor 1 Tahun 2023 Tentang Kitab Undang-undang Hukum Pidana. Masters thesis, Universitas Islam Riau.

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Abstract

This study aims to find out and explain the application of restorative justice which is also based on efforts to reform the penal system in Indonesia so that it is not oriented towards imprisonment only, but also contains the principles of restorative justice. Therefore, a discourse emerged to use restorative justice through the content of the Criminal Code, because it prioritizes the agreement of the parties to the litigation as a process for resolving criminal conflicts by focusing on the needs of the perpetrators and victims, especially in the context of complaint offenses which focus more on the balance aspect between victims and perpetrators, without bringing criminal sanctions. This type of research is normative law. Normative legal research is legal research conducted by examining literature or secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The data sources for this research are primary data sources, secondary data sources and tertiary data sources. Then the nature of this research is descriptive analytical. From the results of this study it can be seen that the concept of restorative justice has been adopted in Law number 1 of 2023. There are 8 (eight articles) which contain the concept of restorative justice. Law Number 1 of 2023 shall take effect after 3 (three) years from the date of promulgation or 3 (three) years after January 2, 2023. The Criminal Code or Criminal Code is a statutory regulation that regulates material criminal acts in Indonesia. Ratification of the Criminal Code through Law No. 1 of 2023 is at the same time replacing Wetboek van Strafrecht or what is also called the Criminal Code as stipulated by Law Number 1 of 1946 concerning Criminal Law Regulations which have been amended several times. Law 1/2023 concerning the Criminal Code consists of 2 (two) books, namely Book One and Book Two. Book One contains general rules as guidelines for the implementation of Book Two as well as laws outside Law 1/2023, Provincial Regional Regulations and Regency/City Regional Regulations, unless otherwise stipulated by Law so that Book One also becomes the basis for Laws other than Law No. 1 Year 2023.

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